Standard Terms and Conditions of Sale.
1. Definitions
- “Seller” refers to Peng Frames, owner and operator of www.pengframes.com.
- “Buyer” refers to any individual or entity purchasing goods from the Seller.
- “Goods” refers to picture frames, artworks, carpentry products, or any other items offered for sale by the Seller.
- “Website” refers to www.pengframes.com.
2. Application of Terms
- These Terms and Conditions apply to all sales of Goods by the Seller to the Buyer through the Website, unless otherwise agreed in writing.
- By placing an order, the Buyer agrees to be bound by these Terms and Conditions.
3. Orders and Acceptance
- All orders are subject to acceptance by the Seller.
- The Seller reserves the right to refuse or cancel any order at its discretion.
- Once an order is confirmed, an email acknowledgment will be sent to the Buyer.
4. Prices and Payment
- Prices displayed on the Website are in Kenyan Shillings (KES) and are inclusive of applicable taxes unless otherwise stated.
- The Seller reserves the right to change prices at any time without prior notice.
- Payment must be made in full at the time of ordering using the available payment methods (e.g., M-Pesa, bank transfer, debit/credit card, etc.).
- Orders will only be processed after payment confirmation.
5. Delivery and Shipping
- The Seller will deliver Goods to the address specified by the Buyer at the time of purchase.
- Delivery timelines provided are estimates and not guaranteed.
- The risk of loss or damage to Goods passes to the Buyer upon delivery.
- The Buyer is responsible for ensuring the accuracy of delivery information.
6. Inspection and Acceptance of Goods
- The Buyer must inspect the Goods upon delivery and notify the Seller of any defects or discrepancies within 48 hours.
- If no such notice is given, the Goods shall be deemed accepted by the Buyer.
7. Returns and Refunds
- Returns are only accepted for defective or damaged Goods, subject to inspection by the Seller.
- The Buyer must notify the Seller within 3 days of delivery if Goods are defective.
- Custom-made or personalized items (e.g., custom picture frames) are non-refundable and non-returnable unless defective.
- Refunds, if approved, will be processed using the original method of payment within 14 business days.
8. Warranties
- The Seller warrants that Goods supplied will materially conform to the description on the Website.
- Except as expressly stated, the Seller makes no other warranties, express or implied, regarding the Goods.
9. Limitation of Liability
- To the maximum extent permitted by law, the Seller shall not be liable for any indirect, incidental, or consequential damages arising from the purchase or use of the Goods.
- The Seller’s total liability for any claim shall not exceed the purchase price of the Goods in question.
10. Intellectual Property
- All content on the Website, including text, images, designs, and logos, is the intellectual property of the Seller and may not be copied, reproduced, or used without prior written consent.
11. Force Majeure
- The Seller shall not be liable for any delay or failure in performance due to events beyond its reasonable control, including but not limited to natural disasters, strikes, transport disruptions, or government restrictions.
12. Governing Law and Jurisdiction
- These Terms and Conditions are governed by the laws of Kenya.
- Any disputes shall be subject to the exclusive jurisdiction of the Kenyan courts.
13. Amendments
- The Seller reserves the right to update or modify these Terms and Conditions at any time without prior notice.
- Continued use of the Website or purchase of Goods after changes constitute acceptance of the revised Terms.